Activist threatens Mescalero recall

If Mescalero Apache tribal officials continue to ignore petitions from tribal members demanding the immediate distribution of a $32.8 million court case settlement, they may be looking at a recall referendum and civil rights violation complaint instead, says a tribal activist.

But a tribal representative contends he is bound by requirements of the tribal constitution that states the only types of permitted petitions, other than those for recall of an elected official, are for referendums posing a specific question.

The settlement earlier this year was the Mescalero's portion of a $1 billion case brought by 41 tribes against government agencies for mismanagement of resources and lands held in trust.

After being contacted by several tribal members, Joseph Geronimo said Tuesday he began gathering signatures on a petition asking for the settlement distribution, but the petitions were turned down first for lacking the proper endorsement signature and then in an October letter from Tribal Secretary and Council Member Alfred La Paz, for not meeting the requirements to call for a referendum.

Geronimo contends a referendum isn't necessary. The petitions are a direct request to President Frederick Chino and tribal council members.

He received a second letter from La Paz this week dated Nov. 28. In it, La Paz referred to a package of "proposed petition signature pages" and "the completed petition package" delivered to him the previous day.

Advertisement

He noted that in his Oct. 30 letter that he pointed out any petition for referendum must be signed by him before the signatures of tribal members are obtained.

"The signed petition that you delivered was not endorsed by me prior to your obtaining signatures," La Paz wrote. "Therefore, I cannot accept it was a valid petition (based on Tribal Ordinance 00-06). There are other flaws as well, as pointed out in my Oct. 30, 2012 letter."

As for the blank sheets given to him for endorsement, they do not comply with the ordinance either, he wrote.

"Pursuant to Article XIV of the Revised Constitution of the Mescalero Apache Tribe, the only types of permitted petitions, other than those for recall of an elected official, are for referendum," La Paz wrote. "A referendum is a vote by tribal members on a certain question. Therefore, any petition that I endorse must be a petition to have a referendum on a certain question. For example, in your case, the petition would need to request a referendum on a proposed dividend. The petition may not request the dividend directly."

La Paz wrote that the tribal council appreciated the gravity of the situation and did not make the decision lightly.

Recall

If a recall referendum is what the council wants, that may be what councilors get, Geronimo said. The drive would be aimed at La Paz and Frederick Chino, he said.

"I got a call today and text messages," Geronimo said. "People wanted to get together and meet to have a recall on Alfred La Paz and the president in accordance with the resolution (La Paz) keeps referring to. He's read it enough times now that he knows. I told the people I would help them, but they would have to do all the legwork themselves. I would provide the service free of charge. I will represent them."

"The people's rights have been violated by ignoring the petitions. They are co-conspirators under federal and civil law. The minimum compensatory and punitive damages I will ask for them violating our civil rights would be $32.8 million," Geronimo said. "These (federal settlement dollars) are monies for damages and we're entitled to it tax free. If the tribe puts it away, any interest earned is taxable."

He called up a text message from another tribal council member, who wrote that the plan was to space out the dividend payment for a period of four to six years at $1,000 each year for each of the nearly 5,000 tribal members.

"Why don't (council members) get their per diem for attending meetings at $1 at a time, each time they go to the tribal office, so it could last forever for them and see how they like it," he said. "The people are angry and want all of their money."

Geronimo contended La Paz doesn't have the authority to censor correspondence to the council.

"He officially has kept the petitions from the council, but all of the members know what's in the petition," he said. "There were more than 750 signatures collected and given to him, more than the people who voted in the last tribal election."